How does a guardianship end?
In California, a guardianship ends when the guardian dies, or when the court decides that the guardianship is no longer necessary. The guardian may also voluntarily resign if they choose to do so. A guardianship may end if the guardian is no longer able to fulfill their responsibility, or if the person whom the guardian is responsible for passes away. If the minor child turns 18, then the guardianship is automatically terminated. This is because when a minor turns 18, the law presumes that they are capable of making decisions for themselves, and does not need a guardian. The court may also terminate the guardianship if the guardian fails to file any required reports, or if they are not acting in the best interests of the person in guardianship. In some cases, the guardianship may be terminated if the court finds that the person in guardianship has regained their mental capacity, can care for themselves, and has expressed a wish to have the guardianship end. In some cases, the court may order the guardianship to be terminated if they determine that it is no longer in the best interests of the person in guardianship. This could occur if the court finds that the guardian is not acting in their best interests, or if the person in guardianship is in need of a more specialized form of care or protection.
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